All uses and activities requiring a special use permit must be reviewed and approved in accordance with the procedures of this article.
A. 
Special uses within the zoning districts are generally considered to be uses which are appropriate in a particular zoning district, but because of their potential for incompatibility with adjacent uses require individual review and may require the imposition of conditions in order to assure the appropriateness of the use in a particular zoning district.
B. 
A special use permit shall be required in accordance with the district use tables set forth at Part 2 of this chapter.
C. 
The Planning Board shall hear and decide all applications for special use permits.
D. 
Specially permitted uses require site plan review unless otherwise noted in this chapter. An application for special use permit review and approval shall be made in tandem with the proposed project submission. These two applications shall follow one review and approval process, including a joint public hearing.
The property or building owner, their agent, or lessee, purchaser or tenant with permission of the owner, may file special use permit applications. Applications for a special use permit approval must be filed with the Town Office.
The Planning Board may request for additional information from any Town department or division as well as seek the opinion of any legal, engineering, design, or other professional to aid in the review of a special use permit.
Whenever required under §§ 239-l and 239-m of the General Municipal Law, the Planning Board must forward special use permit applications to the County Planning Agency for review prior to taking final action.
A. 
Public hearing.
(1) 
Within 62 days from the day of a complete application is received for special permit approval, the Planning Board must convene a public hearing on the proposed application.
(2) 
Notice of required public hearings on a special use application must be provided as required by the Town Board and by state law. See § 106-50.3C for more information on the requirements for public notice.
B. 
Final action. Within 62 days following the close of the public hearing, the Planning Board will issue a decision to approve, approve with conditions, or deny the proposed special use permit. The Planning Board shall review the application for special use permit approval based on the review criteria listed in § 106-53.6.
In rendering a decision, the Planning Board shall consider whether or not the proposed use:
A. 
Will be generally consistent with the goals of the Town Comprehensive Plan;
B. 
Will meet any and all relevant criteria set forth in this chapter;
C. 
Will be compatible with existing uses adjacent to and near the property;
D. 
Will be in harmony with the general purpose of this chapter;
E. 
Will not tend to depreciate the value of adjacent property;
F. 
Will not create a hazard to health, safety or the general welfare of the public;
G. 
Will not alter the essential character of the neighborhood nor be detrimental to the neighborhood residents;
H. 
Will not be a nuisance to neighboring land uses in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions;
I. 
Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts, such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;
J. 
Will not destroy or adversely impact significant historic and/or cultural resource sites;
K. 
Will not provide inadequate landscaping, screening or buffering between adjacent uses which are incompatible with the proposed project; and
L. 
Will not otherwise be detrimental to the public convenience and welfare.
The Planning Board may impose such conditions upon the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood, including limitations on the time period for which the permit is granted. Such conditions shall be expressly set forth in the motion authorizing the special use permit.
A special use permit shall authorize only one special use and shall expire if the special use ceases operation for more than 12 consecutive months for any reason.